Monday, December 30, 2019

ABIM Antitrust/RICO Lawsuit Notice of Appeal Filed

Today, the official Notice of Appeal was filed in the United States Court of Appeals for the Third Circuit in Pennsylvania. It appears the ABIM's legal headaches regarding Maintenance of Certification (MOC) are far from over.

Working physicians can help the plaintiffs in their David-versus-Goliath effort to end the unproven American Board of Medical Specialties' MOC program by contributing to Practicing Physicians of America's GoFundMe page created on their behalf. We have almost reached our $400,000 goal. (Your contribution may be tax deductible before year's end - please consult your tax advisor.)



Martha Oreilly said...

Were they able to include points re: Dr Edsons ongoing struggles in michigan? MOC legislation finally passed but because of sleazy relationships between MOC insurance and "quality" metrics doctors still are forced to MOC to get paid!!! Lawyers need to explain to this stupid doc how this is not restriction of trade!

Internal docs said...

MOC, by whatever name the ABMS calls it, is not only an unproven metric, it is harmful to physicians and patients. Several internal studies at the ABMS medical boards and its umbrella organization have been suppressed, which has not only proven MOC to be a failed measure, but that the direct and indirect harms are plain to see by any impartial mind. These harms have been, not only ignored,but consciously buried by executives, researchers and key board members who are lining their pockets to the tune of millions. When this data from internal discussions and research tampering gets out you can tack on punitive damages to any settlements that a jury or the courts decide on.

Anonymous said...

All physicians and healthcare employees must become activists in fighting MOC. The ills caused by MOC are many and the alleged benefits are nada.

Anonymous said...

The self-appointed power of medical boards is bogus. Everyone should know this by now. The ABMS needs active oversight by self-empowered/self-regulating clinical and academic physicians who understand that their right to practice is being undermined or negated if they do not participate in MOC. In conjunction with these efforts there needs to be a movement of volunteer activists from the patient population who understand how their right to access high quality care is being undermined by MOC greed and the propaganda mechanisms of the medical boards.

Anonymous said...

The highly conflicted moneyed interests and corrupt political agendas associated with MOC and their collusive quality cartel needs to end now.

The ABMS, ACGME, ACCME, AHA, FSMB, CMSS, ECFMG, NCQA, NQF, AMA, ACP, NBME and others, along with their high-rolling business associates, connected to MOC profits and the abusive control of physicians/patients needs to end now.

This perilous ABMS MOC fiasco must be investigated.

How did we fall so low that we got this point where not-for-profit public safety NGOs and so-called charitable organizations pay out such obscene paychecks to it executives - cartel bosses who obviously have aligned themselves with for-profit corporations.

This is a decades old pattern that needs to end today.

We need to understand clearly how for-profit motives and for profit executives have infiltrated these so-called "quality" organizations with clandestine intent to enhance the profits of the quality cartel and the mega corporations they are colluding with.

Case in point. How did Thomas Brem a lobbyist for Big Tobacco ever make his way up the ladder to be head of the ABIM and ABMS advisory during a time of conclusive discovery of the effects of tobacco and it links to cancer and heart disease. The answer is the obvious placement by the Tobacco industry. We see this over and over in our society today to the point that it is called normal practice to cheat, obfuscate and even lie about things like this.

Similar parallel corruption is taking place right now with the infiltration into the ABMS and partner organizations with stooges representing big data, tech, pharma, payers, hospital systems, CMS, and private equity firms. They do this by placing their men and women in key key executive positions and as board members. That is why physicians have no right to elect any of the board members or executives in charge of "self-regualtion" and "voluntary certification". The corruption is so obvious it is painful.

And no this is not alright. Those involved should be prosecuted and harshly punished to send clear messages that this kind of corruption is not acceptable in our society. (Contrary to what is being proselytized by the silver-tongued apologists who condone such corruption and profit by it.)

The future quality of healthcare is being maligned by the greed of these 'false prophets" in charge of of "quality".

Self-dealing men and women are stuffing their investment accounts and offshore retirement packages with public and private money. The taxpayers, patients, and hard working physicians who are subsidizing and fueling this madness via mandate, insouciance, passivity, and regulatory capture need to say no and encourage their legislators to pass resolutions and make recommendations for investigation to be filed with the DOJ, IRS and OIG of the HHS.

The courts need to stop turning a blind eye to such collusion and conspiracy in the United States of America, or we are no better off than any banana republic or authoritarian regime that shuts out the truth and participation of its many hard working citizens in favor of the elites who somehow invariably draw a get out of jail free card from the courts.

MOC and the associated propaganda and political corruption needs to end now, or healthcare is doomed in the United States.

The erosion of trust that is being talked about and used as a tool of misdirection and tool of propaganda by ABMS member board executives has been ironically bankrolled by their own money laundering foundations, which are used to pad the pockets of executives and board members who are the direct cause of decades-old corruption, political manipulation, and profound erosion of trust.

This is the sorry condition we are in where profitable lies are touted as truth and human benefiting truth mis-characterized to undermine the human good just to aid political lust or moneyed interests.

Authoritarian Silos said...

Who do the medical specialty boards really serve? The "profession and the public" or themselves? Neither the profession or the public has any right to elect or vote on issues.

ABIM Dodging Disclosures (and tax) said...

The MOC TAX, where physician fees actually go (into the pockets of conflicted execs)

ABIM has still not dislcosed that its Chief "Medical" Officer, Richard G. Battaglia worked for PwC over 14 years prior to his "placement" at the ABIM.

PwC is a London-based global financial juggernaut with tentacles in approximately 800 offices across 157 countries with 200,000 employees.

PwC Payers and Providers

The ABIM never disclosed Christine Cassel's egregious conflicts of interest and moneyed relationships with CeCity/Premier, Inc, and Kaiser Permanente.

Neither the former CEO Cassel or current CMO Battaglia actually physically worked at the ABIM offices or lived in Philadelphia. It is clear that Cassel served as an industry proxy and lobbyist receiving money from the ABIM and external conflicted sources.

I think it is fair to ask why Rich Battaglia, Judi Cassel and Rich Baron chose not to disclose the CMO's 14 years of work history with PwC. This is an important piece of data. We also believe the ABIM owes an explanation why they choose to ignore their own written conflicts of interest policies. The PwC relationship is relevant and should be made public. Especially so since the CMO Battaglia, like Cassel during her 10 year tenure, chooses not live or work in Philadelphia where ABIM's offices are located.

Linkedin source:
Over 14 years of professional life reduced to 5 lines on Battaglia's linkedin CV. Director.
Nothing written for the years he was a manager. This coupled with the 10 years at the NCQA laying the foundation for MOC requirements is a damning statement about the integrity of the ABMS and ABIM regarding their total disregard for disclosing blatant conflicts of interest.

ABIM source:
No mention of PwC. Classic misdirection of the ABIM to state first that Battaglia is a board certified internist implying that a PwC Wall Street/private equity crony for over 25 years is a practicing physician.

PwC and the great Pearson, Plc tax dodge (Pearson Vue parent company)

PwC sued for 5.5 billion in collapse of TBW for failure to see fraud

The Art of Tax Dodging on An Industrial Scale

PwC selling tax avoidance on an industrial scale

See how much Battaglia makes and how much tax the ABIM avoids (probably around $600,000 in 2019 for rare appearances with per diem/tracel expenses paid, an additional cost for actual physicians who are forced to pay for MOC.)

NBPAS Reviews MOC Research [Propaganda] said...

"MOC Journal Club
In their marketing materials, ABMS member boards provide lists of publications they claim support the beneficial impact of MOC on patient outcomes. NBPAS asked two uninvolved clinical researchers to formally review the major studies in this area. Below we provide the reviews from the two independent reviewers as well as Dr. Teirstein (President of NBPAS). The studies were selected from the ABMS member boards’ marketing materials (the one exception is paper #2 Hayes et al JAMA 2014 which is absent from ABMS marketing materials) and were selected because they appeared to be the most robust research in this area."

Is ABMS/ABIM research advertising, propaganda, or pseudoscience? Or all three. You make the call, but whatever it is it is not rigorous research, but it masquerades as such to deceive the profession and the public.

ABIM's Secret Concierge Service for Cronies? said...

Rich's House of Recusal

Are Lorna Lynn and Richard Baron running a secret concierge service for ABMS/ACGME personnel who do not qualify for certification? Decades of special favors for their own high ranking members?

Are Dr. Lynn and Dr. Baron (who are not practicing physicians) keeping many ABMS/ACGME cronies certified by listed them as certified (and participating in MOC) even though the FSMB reports no active medical license found? Many other similar anomalies have been found.

How does Dr. Lynn, Judi Cassel, and Dr. Baron explain this? A full and unrestricted license is the cornerstone of ABIM/ABMS certification according to strict ABMS policy. ABMS'
(ABIM) secret concierge service needs to be investigated to see how widespread the internal cheating is at the ABMS/ACGME regarding their own certification and the systemic problem with self-appointments, conflicts of interest, and self-dealing.

FSMB report: no active medical license found on this ACGME executive (formerly with ABIM).

ERIC STEPHEN HOLMBOEPhoenixville, Pennsylvania 19460 (retired since 2016 when his PA volunteer license expired). The ABIM has listed Dr. Holmboe to be certified and participating in MOC even though his "volunteer license" expired in 2016. (Less expensive license even though Holmboe's executive salary has been over 500k at the ABIM and ACGME for years. Dr. Holmboe would not qualify to have a full and unrestricted license without showing further training and education. Is this what certification by the ABIM for their cronies means?

LicenseType:Volunteer Medical Physician and Surgeon
Specialty Type:
License Number:MDV002148

Status Effective Date:1/4/2017
Issue Date:3/3/2008
Expiration Date:12/31/2016
Last Renewal:12/23/2014

Eric Holmboe is currently executive VP in charge of the Milestone project at the ACGME and formerly was COO at the ABIM. Holmboe was involved in highly questionable persecution of physicians during his time at the ABIM, in many instances going far outside his job description and margins of the law in violating constitutional rights and privacy laws. Dr. Baron was involved actively along with Christine Cassel, Lynn Langdon, a double felon "investigator" in charge of the ABIM's "bureau of investigations" and sever other involved parties.

Holmboe's registered address is in Pennsylvania even though he is being paid for a full time executive position in Chicago. ??? Is this how violators of human dignity are rewarded.

When will the Department of Justice and the IRS step in. What we are looking at overall with the MOC scandal is a powerful "quality cartel" acting with the same principles as one would find in organized crime.

How long will justice be blind? How long until the DOJ, IRS, and OIG of the HHS step up to the plate and give some relief to hard working Americans. The patients and physicians who are suffering under the weight of conflicted executives and the corrupted "quality and safety" organizations they are pilfering from year after year at the expense of the taxpayer and doctors who are under the pressure of their dirty thumbs.

ABMS/ACGME Free Rides? said...

In contrast to Eric Holmboe we have another ACGME executive who was the former head of the ABMS Kevin Weiss. He maintains a full and unrestricted license in the state where he works full time at the ACGME offices in Chicago.

Why has Eric Holmboe been given a free pass by the ABIM and approved by Dr. Baron? Should the ACGME not have a strict policy that its physicians in charge of academic medicine maintain a full and unrestricted license where they are employed in Illinois? Along with the licensing involving controlled substances. I think what has been reported here and the in grown corruption of the ABIM is outrageous. Are the ABIM, ACGME and Eric Holmboe above the law? The same laws that all serious physicians (academic or clinical) must comply with?

Contact Information
Name City/State/Zip DBA

License Information
License Number Description Status First Effective Date Effective Date Expiration Date Ever Disciplined
036064856 LICENSED PHYSICIAN AND SURGEON ACTIVE 07/23/1982 06/22/2017 07/31/2020 N

Other Licenses
Other Licenses
License Number Description Status First Effective Date Effective Date Expiration Date Ever Disciplined
125013178 TEMPORARY MEDICAL PERMIT EXPIRED 06/30/1981 06/30/1981 07/01/1983 N
(Schedules II III IV V ) ACTIVE 09/13/1982 06/22/2017 07/31/2020 N

Is the kind of special treatment we see toward Eric Holmboe a kind of hush money? It would appear highly improper that an active ACGME executive would not have a full and unrestricted license to practice medicine. If so, it needs to be investigated.

What does this tell us about the double standards set by the ACGME/ABMS/ABIM. Hypocrisy.
MOC is a sham product imposed to maintain cash and control. It needs to end. The blatant corruption and cronyism needs to end.

Anonymous said...

I believe the ABIM warrants scrutiny for many reasons. The above comments about Dr. Holmboe's certifications is to the point and very relevant. Holmboe clearly does not possess a full and unrestricted license in Illinois where he purportedly has been involved with important ACGME research and experiment educational models since 2014. This kind of work involving potentially hundreds of thousands of residents and medical students should come under the strict oversight of the state of Illinois medical board. Anybody who is purported to work full time for the ACGME (in Chicago) and to be in charge of physician training there should be under Illinois state medical board and strictly follow their requirements. This is where the ACGME is headquartered. To have a retired license in Pennsylvania is to skirt scrutiny. This is highly improper. The ABIM and ACGME should be reprimanded for this. ABIM's certifications become meaningless when former CMO's of the ABMS medical boards are not required to follow the strictest of professional ethical values and medical/educational workplace standards. This is more than concerning to many of us. Especially given Eric Holmboe's past history actively working to illegally seize property of physicians. (Theft of certifications and home data invasion involving the theft of private records and property. Dr. Holmboe used a felon to do the dirty work.) If Dr. Holmboe is lackadaisical about keeping up with professional licensing standards for the public and his peers, it means that the ABIM and ACGME are degenerating into faux quality/safety organizations, more concerned with money and political adventurism than doing an outstanding job for the domestic public here in the United States.

I think there was a few minor errors in what was written above. Eric Holmobe was Chief Medical Officer and VP while at the ABIM and Foundation starting out in the research section in 2004. Lynn Langdon was the Chief Operating officer, but it appears there was some overlap in his job doing things outside the role of "medical officer" to harm individuals that a CMO should not be involved in. Holmboe was working alongside Lynn Langdon and Benjamin Mannes. Benjamin Mannes was the highly controversial double felon who acted as a ruthless investigative proxy for the ABIM under the direction of the COO and CEO maligned thousands of physicians. We understand that Benjamin Mannes was a full time employee of the ABIM and even received educational grant from the ABIM. Mannes is still an undislcosed employee of the ABIM. As Holmboe appears in many lawsuits responding to the ABIM's unconscionable violatory acts starting in 2008/2009, it shows that Holmboe was in deed acting far beyond his role as CMO. Dr. Baron, who was a board officer also went outside and far beyond what a board member should do, involving himself with legal teams who were actively harming by ignoring the constitutional guarantees and privacy of thousands.

Holmboe's bio

"Dr. Holmboe, a board certified internist, is Senior Vice President, Milestones Development and Evaluation at the Accreditation Council for Graduate Medical Education (ACGME). From 2009 until January, 2014 he served as the Chief Medical Officer and Senior Vice President of the American Board of Internal Medicine and the ABIM Foundation. He originally joined the ABIM as Vice President for Evaluation Research in 2004."

Unknown said...

Have no fear. I am in two Amateur Rocketry groups the National Association of Rocketry and the Tripoli Rocketry Association. The two groups banded together against the crushing restrictions of APCP hobby propellant placed by the ATFE (Bureau of Alcohol Tobacco Firearms and Explosives) Amateur fuel burns slowly like an automotive flare outside of a motor casing and is not explosive. Can't be made to explode. We were turned down initially in court but nailed them on appeal and won! It's a flammable solid and safer than the gas one keeps in a can for their lawn mower! The fact we have to go on appeal for this MOC thing is not a surprising concern and we need to keep hammering (and donating) away at this problem. Don't be distraught round 1 was a bust.